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CCA's and Dave against the world !!!


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STILL NO NEWS from the court.......

 

phoned them up yesterday and they said that they had a huge backlog of cases, and that mine should be sorted soon.

 

Barclays had until 17th Nov to put in a defence and apparently they put one in on the 10th........

 

Just received of this morning a special delivery letter dated the 7th dec asking me to discontinue as I didnt have a case :) ( yeah right I can smell the fear) and that they had already paid me my charges back.

 

well to my recollection I asked for £1700 and they paid £620 as a GOODWILL gesture......without admission of wrongdoing, which I accepted as a partpayment, so if my maths is accurate they owe me at least £1000 +

 

Good reply Dave, concise and too the point :-) Is it still in-house litigation with Barclays?

 

S.

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Good reply Dave, concise and too the point :-) Is it still in-house litigation with Barclays?

 

S.

 

yeah....this is litigation I started...its still with the legal dept at barclays london

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave, you deserve a knighthood. I've never laughed or learnt so much in one thread and I'm inspired to take the b*stards on now!

 

Thanks and keep up the fight! BiGaD

 

GO for it, its not that hard..........but be aware of the pitfalls......do some research

 

A LOT of judges now seem to be in the pockets of the creditors, and unless you are 100% certain (in your own mind at least) that you can follow through with any threats of litigation, then going off half cock is NOT the way to go.

 

I'm sure that you have read enough to give you a good understanding of what is involved.

 

so go rattle some cages :)

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Righty oh.......

 

Finally some communication from the court.....!!!

 

It seems as though barclays have played the limitation act and the court has swallowed it.

 

My claim was from 2001 and I requested payback in 2007 however due to negotiating with them and various other things I have only just taken them to court.....

 

They have basically wiped off about a third of my claim...from 2001 to 2003

 

I was under the impression that the 6 years started from the DISCOVERY of the cause of action especially if it had been hidden (deliberate or otherwise)

 

I will have to bone up and get my application for a set aside in quickly

 

Any thoughts ???

 

 

Rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave, this might help.. I think it came from 42man or slick originally..

 

 

s.32 Limitation Act 1980 is here - http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb3-l1g40

 

It essential to have section 32c in your Pocs if you are relying on it and if BC have issues with it then seek a hearing to determine.

 

The case law for this is

Kleinwort Benson -v- Lincoln City Council & Others

 

S. Edited by the_shadow
Fixed link which wasnt working... sorry!
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Thanks guys

 

this will prove useful, not only in this one but in the ones to follow

 

I have filled out an N244 asking for the order to be set aside explaining that it was probably made in error and quoted S32 of the limitation act 1980, I also asked for their defence to be struck out as having no real prospect of success, in that credit card charges have already been deemed unfair by the OFT.

 

off to the courts later to hand deliver....just in case I got anything wrong

 

rgds

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I got the date for my application to set aside the order.....22 mar 2010 :(

 

'cest le vive' Ah well let them stew a while

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I got the date for my application to set aside the order.....22 mar 2010 :(

 

'cest le vive' Ah well let them stew a while

 

And rack up the interest whilst they simmer! And let's face it, your money couldn't be in a better 'bank' - where else would you get these rates of interest nowadays?? :)

 

 

FG

Edited by foolishgirl
typo

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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:) :) :)

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hmmmmm

 

capquest on behalf of RBS have sent me a nice could you please pay us now letter, "you can pay by debit card over the phone if you wish"...........and I'm going to get £12000 from where ????

 

this has been on a back boiler since this time last year....looks like they are resurrecting it. If I dont make a payment by 14 Jan 2010 then they "may" instruct solicitors to start legal proceedings

 

Ive had so many of these "may start proceedings" from various camps that they are getting monotonous.

 

they terminated on the back of a dodgy DN. they took and wouldnt refund PPI that wasnt "ticked". There may well be other things wrong in that it was a multiple agreement etc.....etc

 

Lets wait and see what January brings :)

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Just had anothe email from Barclays...re the charges claim

 

must have them rattled :) the nice lady legal clerk has told me that even with compound interest they have paid me back more than they should have...???

 

with my calculations even at a standard 8% they were a few hundred pound short...

 

She was also trying to tell me that part of my claim will be disallowed due to the limitation act.....this is already in hand and is what the hearing is about in march....

 

just sent this to her...

 

---------------------------------------------

 

Thank you for your email of the 23 Dec, the contents of which are noted.

 

 

It would seem to me (and I may be wrong) that you are still claiming that a portion of my claim is statute barred. I would again refer you to S32 of the Limitation act 1980.

 

Credit Card charges were investigated by the OFT and found to be unfair so much so that INSTANTLY all charges for all cards were dropped to the threshold level of OFT investigation of £12. Not once did I receive any communication stating that you knew the charges were unfair and that I could reclaim them........ie you wilfully hid the details. It was only fairly recently that I became aware of my rights and decided to claim. As recently as nnth October 2008 I was offered £nnn on condition that I sign away my legal rights.

 

Further you seem to have got your calculations wrong, we are talking about contractual COMPOUND interest........ie the same as you would have charged me, or in fact what you might have charged other people as you re-lent my money. For your information and education, compound interest is calculated as …..

 

((1+ interest rate)^time-period ) x amount, and for the interest amount only (((1+ interest rate)^time-period ) x amount)-amount

 

as shown at the bottom of my schedule of charges. I have used 1.557% expressed as a decimal adjusted for a daily rate, which seems to be roughly average for the rate you used, but if you seem to think 1.597% is the correct rate I will have to amend my POC and amount claimed!

 

From viewing your schedule, you seem to think that for example the interest on the first charge is only 25 days...?? If you look at it correctly you have had benefit of that money since the day of its charge, and are still having benefit from it. 25 days? .... I think not !! It is my belief that interest should be calculated from the date of each charge. I have been lending you that money and deserve compensation for that fact. There is plenty of case law to support this as I'm sure you realise.

 

...... even if I had agreed to your shortened time period if you look at the schedule attached (sheet1) you will see that with the correct maths applied it comes to £370 plus £560 (interest) giving a total of £900 +!!! please see PDF attached (sheet2). Using the same rate only 0.04% higher would now bring my original claim to £1820, at least £50 more....!!!...is it any wonder banks make £billions.

 

We seem to be going round in circles....I believe that I have a valid claim, even you believe I have a claim or you would not have refunded £620.......It seems that what we are arguing about is the amount and rate of interest applied.

 

You have basically admitted I have a claim, by paying me....although without admission and also by recent communications

 

You have admitted that you think 1.597% was the rate used, and I have shown you the correct calculations......

 

I have shown that S32 limitation act 1980 would apply in this case (ie you hid the details from me) so no 6 years

 

In my opinion it would be foolish for you to continue as It would be seen as a waste of the courts time, an abuse of process, and in the end even more costly for you. The balance at the moment with court costs etc for me is £1346...god knows how much it has cost you in time dealing with this and then having to send a solicitor / legal counsel to attend the hearing, and then the trial ..if any.

 

As this is the small claims procedure in general circumstances no costs should be awarded, and even if I lose which I cannot see, (as I am in the right and I believe justice will prevail) then your costs will I'm sure outweigh any gains. If no-one attends I shall of course be asking the judge for a "wasted costs order". your choice!

 

Anyway I am sure that the judge will sort this out one way or the other... I hope to see you, or a representative, in March for the hearing.

-----------------------------------

 

lets see how that affect their Xmas.......(probably wont)

 

btw all figures have been altered and are not accurate in this post......if you understand :)

 

rgds

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Oh shame, Dave - you forgot to add 'Happy Christmas' :D

 

Have a good one yourself...

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Oh shame, Dave - you forgot to add 'Happy Christmas' :D

 

Have a good one yourself...

 

Actually I didnt........I just didnt copy it here in case people thought I was being facetious and smarmy.......

 

it actually ended...........

 

~~~~~~~........Anyway I am sure that the judge will sort this out one way or the other... I hope to see you, or a representative, in March for the hearing.

 

 

Best wishes for Xmas and the New Year

 

regards

 

Davefirewalker

 

------------------------------------------------------

 

Ah well its there for all to see now

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Ah well its there for all to see now

 

Ah good..glad to see you've not missed the true spirit of Christmas! :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I am sure you know Dave, but you can apply for costs under CPR 27.14(2)(g) if they play the brinkmanship game and settle at the Court door.

 

Best wishes for Christmas and the New Year to you and yours.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I am sure you know Dave, but you can apply for costs under CPR 27.14(2)(g) if they play the brinkmanship game and settle at the Court door.

 

Best wishes for Christmas and the New Year to you and yours.

 

Yes I did know that...thanks AG......sorry shadow :)

 

It is absolutely heaving it down with snow here ...been out in the car and nearly lost it twice :( :( motorway (M57) down to one lane and side roads a no go area

 

decided to stay in and tuck into the xmas brandy, feeling very festive at the moment.

 

So a merry xmas to all, "god bless us everyone"

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 2 weeks later...

Hi Gang....

 

numerous emails have crossed the ether since I last wrote......mainly insignificant stuff........"we're not paying you" "Oh yes you are"..."Oh no we're not"....etc etc just like the pantomime it is.

 

the last email and my last reply copied here just to give you something to read....in case you have nothing else to do after the xmas rush has subsided

 

----------------------

barclaysharks

 

Thank you for your emails.

 

As far as I know, the Court order of 9 December 2009 has not been struck out so I am working on the basis that this still stands.

 

We have not offered to refund compound interest as we do not charge this to your account for the charges that are levied. The number of days that I have calculated relate to the number of days that interest was charged to your account: any payments made in go towards paying off charges first so it is possible to ascertain, from your statements, how many days interest was charged on the charges. I have, therefore, calculated a refund that reflects the exact amount of money that you paid as a result of the charges being levied.

 

I would add to the offer of settlement the £75 Court fee, bringing the total offer of settlement to £17.00 (£630.00 - £570.00)+£75. Should you wish to accept this offer, I will amend the settlement letter to include it.

 

------------------------

 

Nice isnt it :)

 

-------------------------

my reply

 

you are correct in that the court order of 9th Dec has not been struck out..........yet.

 

I have filed an N244 application and the hearing will be in March which I will of course attend.

 

with regard to "We have not offered to refund compound interest as we do not charge this to your account for the charges that are levied" .....

 

I think that you will find that the charges themselves are free of interest but compound interest has in fact been added to the total of the account (including charges) throughout the lifetime of the account.

 

To put it simply ....again.......

 

the charges were unfair as decided by the OFT and as witnessed by your reduction from £nn to £12, you therefore wrongly took them and had benefit of them. Whilst in benefit of the unfair charges you were able to re-lend them at your compounded commercial rates. I feel that I have the right to restitution and compensation.

 

I am somewhat surprised to see you defending this, as I believe (and I'm sure that you do as well) that you will fail.

 

It is also my belief that had the banking industry not been so greedy in the first place we would not be in the position that we are now in..........

 

[Exodus 22:25] "If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury."

 

try looking up usury and usurer.

 

I hope to see you in March

 

------------------------------------

 

mind you......I am guilty of usury as well I suppose.....I am asking for compound interest......but its only what they would do

 

rgds to all

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

 

It is also my belief that had the banking industry not been so greedy in the first place we would not be in the position that we are now in..........

 

[Exodus 22:25] "If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury."

 

try looking up usury and usurer.

 

:D:D Like it!

 

 

mind you......I am guilty of usury as well I suppose.....I am asking for compound interest......but its only what they would do

 

(John 8:2-11) He that is without sin among you, let him first cast a stone....

(Matthew 5:38) An eye for an eye, and a tooth for a tooth.

So who started all this then??!!

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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